DEEPAK SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO AND 5 OTHERS
A482/6462/2024 · 2025-05-08
Om Prakash Shukla
body2025
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[ 2025 DAILYLAW 149029 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149029 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27158 Court No. - 30 Case :- APPLICATION U/S 482 No. - 6462 of 2024 Applicant :- Deepak Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko And 5 Others Counsel for Applicant :- Samanvya Dhar Dwivedi,Abhinav Mishra,Abhishek Mishra,Aditya Vikram Singh,Rajesh Shanker Mishra Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. Heard Mr. Samanvya Dhar Dwivedi and Mr. Abhishek Mishra, learned counsels for the applicant, Mr. Prashant Shukla, learned counsel for opposite party no.2 and learned A.G.A. for the State-opposite party. The present application has been filed by the applicant for quashing of the impugned summoning order dated 03.05.2024 passed by Special Chief Judicial Magistrate (Custom), Lucknow in Criminal Case No.42467/2024, arising out of Case Crime No.102/2024, under Sections 376 and 313 I.P.C., Police Station Ghazipur, District Lucknow alongwith entire proceeding as well as chargesheet dated 14.03.2024 in pursuance thereof.
Learned counsel for the applicant submits that the dispute between the parties have been amicably settled outside the court by way of compromise. The original copy of the compromise deed dated 07.01.2025 is on record as Annexure-SA-2 to the supplementary affidavit.
Learned counsel appearing for opposite party no.2 does not dispute the above facts rather he concedes the same. It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be quashed. Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed. On due consideration of the arguments advanced by the parties' counsel and perusal of the record and considering the law laid
down by Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, the instant application under Section 482 Cr.P.C. (now Section 528 of BNSS, 2023) is disposed of directing the parties to appear before the learned trial court for verification of the compromise dated 07.01.2025. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of one week thereafter and provide a copy of verification report to the parties. The proceedings impugned (supra) shall be kept in abeyance for the period of two months from today. It will be open for the applicant to approach this Court again for quashing of the proceedings by filing a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties. Office is directed to return original copy of the compromise to
learned counsel for the applicant after keeping the photocopy of the same on record.
Order Date :- 8.5.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench